Legal Opinion

Mellenthin v. Berger

Court of Appeals of Wisconsin

Decided May 20, 2003No. 02-2524PublishedCited by 2 opinions

1Opinion of the Court

HOOVER, PJ.

¶ 1. Rodney Berger, Durand Rural Fire Department, and Durand Rural's insurer Continental Western Insurance Company appeal a nonfinal order determining that Durand Rural is not entitled to any form of immunity under Wis. Stat. § 893.80(4). We conclude that the trial court erred in its analysis of Durand Rural's classification. We therefore reverse the order and remand so the trial court may enter an order consistent with this opinion.

Background

¶ 2. The facts are undisputed. Pursuant to their duty to provide fire protection under Wis. Stat. § 60.55(l)(a), ten Pepin County towns…

2Cases cited17 opinions

  1. Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
  2. State v. PettitCourt of Appeals of Wisconsin · 1992
  3. Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
  4. Cords v. AndersonWisconsin Supreme Court · 1977
  5. C.L. v. OlsonWisconsin Supreme Court · 1988

12 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Marilyn M. Brown v. Acuity, A Mutual Insurance CompanyWisconsin Supreme Court · 2013
  2. Paramount Emergency Medical Service, Inc. v. Rural Medical Ambulance Service, Inc.District Court, W.D. Wisconsin · 2022

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